Neutral Citation No. - 2025:AHC:107684 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24637 of 2024 Applicant :- Sri Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prabhat Kumar Pandey, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. 2. This is third bail application. The applicant who is facing trial in Case Crime No. 148 of 2018, under Sections 302, 307, 504 I.P.C., Police Station- Sikandarpur Vaishya, District- Kasganj and he is in jail since 26.08.2018 i.e. about 6 years and 9 months. 3. According to status report dated 12.08.2024 of trial, out of 18 proposed prosecution witnesses, 9 prosecution witnesses have been examined and trial may be concluded within 6 months. 4. Learned counsel for applicant submits that there is no effective Parokar to pursue the case of applicant, therefore, he is not able to brought on record the evidence, statements required so far during trial, however, on basis of instructions submits that substantial witnesses have already been examined 5. Per contra, learned A.G.A. for State submits that in absence of nature of evidence recorded during trial, considering that there are specific allegation against applicant for causing death, he ma not be released on bail. 6. Heard counsel for parties and perused the record. 7. The trial has proceeded and it appears that substantial witnesses have already been examined and taking note that applicant is in jail since 26.08.2018 i.e. 6 years and 9 months and there is no effective Parokar for the applicant as well as that no material is brought on record that applicant will be a threat to remaining witnesses, therefore, he has made out a case for bail, however, he shall mark his presence at the concerned police station on every 15th and 30th day of each month and in case of default, trial court will have liberty to cancel the bail. 8. Accordingly, bail application is allowed. 9. Trial Court will take all endeavour to expedite the trial. 10. Let the applicant- Sri Krishna be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 8.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad